Sec. 1. 24-A MRSA §2169-B is enacted to read:

§2169-B.__Use of consumer reports in insurance underwriting

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Adverse underwriting decision" has the same meaning as in section 2204, subsection 1.

B.__"Consumer report" has the same meaning as in Title 10, section 1312, subsection 3.

C.__"Consumer reporting agency" has the same meaning as in Title 10, section 1312, subsection 4.

D.__"Insurance score" means a number calculated to predict the future loss exposure of an applicant for insurance or a policyholder that is based on consumer report information relating to credit history and experience.

2.__Use of consumer reports.__Notwithstanding this subsection, an insurer may use a consumer report as permitted under the Fair Credit Reporting Act pursuant to Title 10, chapter 210 and 15 United States Code, Chapter 41.__An insurer may use information obtained from a consumer reporting agency to calculate an insurance score for underwriting and rating purposes, except that an insurer may not:

A.__Use an insurance score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status or nationality of a consumer as a factor;

B.__Deny, cancel or refuse to renew a policy solely on the basis of information contained in a consumer report;

C.__Raise premium rates or reduce coverage on a policy solely on the basis of information contained in a consumer report;

D.__Take an adverse action against a consumer based on negative credit information caused by illness, period of unemployment or death of spouse;

E.__Consider an absence of credit history, the number of inquiries or requests made for a consumer's credit report or an inability to determine a credit history as a negative indicator on a consumer's insurance score; or